apply to your participation in our Affiliate Program. As used in this
Agreement, "we" or "us" refers to Social Mastermind Corp. (parent company of IncreaseOnlineProfits.com) and "you" refers to the applicant. You must be 18 years of age or older to enter
into this Agreement with us.
- How Do I Enroll in Your Affiliate Program?
To begin the enrollment process you must submit a completed Affiliate
Program application. Upon receipt of your application we will evaluate
it and notify you of its acceptance or rejection.
Although we hope your application will be successful, we reserve the
right to reject applications for any or no reason. For example, we may
reject your application if we determine that your site is unsuitable
for the Program, including if it:
- Promotes sexually explicit materials
- Promotes violence
- Promotes discrimination based on race, sex, religion,
nationality, disability, sexual orientation, or age
- Promotes illegal activities
- Incorporates any materials which infringe or assist
others to infringe on any copyright, trademark or other intellectual
property rights or to violate the law
- Includes "IncreaseOnlineProfits.com" or variations or
misspellings thereof in its domain name
- Is otherwise in any way unlawful, harmful,
threatening, defamatory, obscene, harassing, or racially, ethnically or
otherwise objectionable to us in our sole discretion.
- Purchases or bids for placement of any of IncreaseOnlineProfits.com's trademarked company names. These names include: (IncreaseOnlineProfits.com, IOP, Social Mastermind Corp.) and any variation of our trademarked
name.
If we reject your application, you are welcome to reapply to the
Program at any time. You should also note that if we accept your
application and your site is later determined (in our sole discretion)
to be unsuitable for the Program, we may terminate this Agreement at
any time. We will not be liable to you for any costs, damages or lost
profits as a result of our termination of this Agreement.
- How Do I Link My Site to style="font-weight: bold;">IncreaseOnlineProfits.com?
Once we notify you that your application has beenaccepted, we will make available to you banner advertisements, buttons
and/or text links to our site. The links we may make available could be
in the form of:
These links will allow your visitors to enter our site and enable us to
keep track of the sales you may earn if they purchase products from us.
If we accept your application, we will provide you with instructions
describing how to include and maintain links to our site. To permit
accurate tracking, and reporting the links we provide you are in a
special "tagged" link format, or "Tagged Links". You are responsible
for ensuring that each of the links between your site and our site is a
Tagged Link. You agree not to modify the Tagged Links in any way.
- How are Customer Orders Processed?
We will process orders placed by customers who enter our site via
Tagged Links. We reserve the right to reject any orders that do not
comply with our policies or conditions at the time of the order. We
will be responsible for all aspects of order processing and
fulfillment. Among other things, we will prepare order forms, process
payments, cancellations and returns and handle customer service. We
will track sales made to customers who purchase using Tagged Links and
will make available to you reports summarizing this sales activity. The
form, content, frequency and method of delivery of the reports may vary
from time to time in our sole discretion.
- How Do I Get Paid?
We will pay you when visitors from your site use the Tagged Link to
purchase products from us. Referral fees are calculated based on a
percent of the "Net Sales" from "Qualifying Purchases" made during a
"Session". The percent is specified in referral fee schedules to be
established by us.
"Net Sales" shall mean gross shipped sales from Qualifying Purchases
less:
Returns
Postage, shipping and handling charges
Sales, use or other like taxes
"Qualifying Purchases" shall mean a purchase of a product offered on
our site that meets the following criteria:
The purchase must be completed on our site. The purchase must be made
via a valid credit card. No phone orders.
The ship-to address must be a domestic U.S. address. The purchase must
be completed during a "Session" (defined below).
"Session" shall mean the period beginning upon a visitor's entry to our
site via a Tagged Link (regardless of whether the visitor leaves and
then returns to the site) and ending 7 days thereafter if the visitor
accepts "cookies" from our site (see explanation below).
Any Session in progress will automatically terminate upon the
expiration or termination of this Agreement or upon the visitor
deleting our cookie.
Note regarding Net Sales - Net Sales include only "shipped" sales.
Orders entered for which the product does not ship are not reported as
sales.
Note regarding "Cookies"- To keep track of the Session, we use a small
text file called a "cookie" that is placed on the hard drive of the
visitor's computer. Some web browsers permit users to elect not to
receive cookies. Only visitors who accept cookies can be tracked for
referral fees. You understand that no referral fee can be paid for any
purchase made by a visitor who does not accept "cookies" or who has
deleted our "cookies" during a session.
Note regarding payments- A payment has to be processed through IncreaseOnlineProfits.com for affiliate tracking in IncreaseOnlineProfits.com to be applicable. You understand that no referral fee can be paid for any purchase made via PayPal.
- How Much Do I Get Paid?
We will pay you up to 50% of all sales, depending on the product.
- Who Sets the Policies and Pricing for
Customers?
Customers who buy products through this Program will be deemed to be
our customers. Accordingly, all rules, policies, and operating
procedures concerning customer orders, customer service and product
sales from and by IncreaseOnlineProfits.com will apply to
those customers. Also, the terms, conditions and policies of our site
will apply to the visitors' conduct and their rights and obligations
while visiting our site. We have the right to change our policies and
operating procedures at any time. For example, we will determine the
prices to be charged for products sold under this Program in accordance
with our own pricing policies. Because product prices and availability
may vary from time to time, we cannot permit you to include pricing or
product descriptions on your site independent of the materials we
provide in the Links. We will use commercially reasonable efforts to
present accurate information, but we cannot guarantee the availability
or price of any particular product. You are responsible for
periodically visiting, reviewing and becoming familiar with the terms
and conditions sections of the IncreaseOnlineProfits.com site,
which are incorporated into this Agreement by reference.
- Ownership and License.
We hereby grant you a limited, non-exclusive, nontransferable, non-sub
licensable, revocable right to use the graphic images and text we are
providing to you solely for the purpose of creating links from your
site to ours. You may not modify the graphic image or text, or any
other of our images, in any way, or engage in "site framing" or similar
processes. We reserve all of our rights in the graphic image and text,
any of our trade names, trademarks, domain names, copyrights trade
dress and any other intellectual property rights. You agree to follow
our guidelines for use of our trademarks, as those guidelines may
change from time to time, in addition, you agree not to use our
trademark in any search engine keyword optimization. We may revoke your
license at any time by giving you written notice. You also agree that
you shall use the Tagged Links only in order to link to our site and to
promote your ability to do so pursuant to this Agreement. You agree
that you shall not present the Tagged Links or any images comprising
them in combination with any other name or mark, in connection with
your own goods or services, or in any manner that may suggest or imply
that you or your goods or services are supplied by, sponsored by,
endorsed by or affiliated with us.
- You are Responsible for Your Site.
You will be solely responsible for the development, operation and
maintenance of your site and for all materials that appear on your
site. For example, you will be solely responsible for:
- The technical operation of your site and all related
equipment · posting and maintaining links to our site
- The accuracy and appropriateness of materials posted on
your site
- Ensuring that materials posted on your site do not
violate or infringe upon the rights of any third party (including, for
example, copyrights, trademarks, privacy, or other personal or
proprietary rights)
- Ensuring that materials posted on your site are not
libelous or otherwise illegal. We disclaim all liability for these
matters.
Further, you will indemnify and hold us harmless from all claims,
damages, and expenses (including, without limitation, reasonable
attorneys' fees) relating to the development, operation, maintenance,
and contents of your site.
- How Long is the Term of this Agreement?
The term of this Agreement will begin upon our acceptance of your
application and will end when terminated by either party. Either you or
we may terminate this Agreement at any time, with or without cause, by
giving the other party notice of termination in accordance with the
notice provision of this Agreement. Upon the termination of this
Agreement for any reason you will immediately cease use of, and remove
from your site, all links to our site, and
all IncreaseOnlineProfits.com
or IncreaseOnlineProfits.com trademarks, trade dress and
logos, and all other materials provided by or on behalf of us to you
pursuant hereto or in connection with the Program. You are only
eligible to earn referral fees on Qualifying Purchases occurring during
the term, and referral fees earned through the date of termination will
remain payable only if the related orders are not canceled or returned.
We may withhold your final payment for a reasonable time to ensure that
the correct amount is paid.
- Can this Agreement be Modified?
We may modify any of the terms and conditions contained in this
Agreement, at any time and in our sole discretion, by posting a change
notice or a new agreement on our site. Modifications may include, for
example, changes in the scope of available referral fees, referral fee
schedules, payment procedures, and Program rules. IF ANY MODIFICATION
IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS
AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING THREE
DAYS AFTER OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE
WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
- What is the Legal Nature of our
Relationship?
You and we are independent contractors, and nothing in this Agreement
will create any partnership, joint venture, agency, franchise, sales
representative, or employment relationship between the parties. You
will have no authority to make or accept any offers or representations
on our behalf. You will not make any statement, whether on your site or
otherwise, that reasonably would contradict anything in this Section.
This is a binding contract between you and us. By completing the
application and by clicking on the "Agree" button below, you indicate
your willingness to be bound by this Agreement.
- Our Liability to You is Limited.
We will not be liable for indirect, special, or consequential damages
(or any loss of revenue, profits, or data) arising in connection with
this Agreement or the Program, even if we have been advised of the
possibility of such damages. Further, our aggregate liability arising
with respect to this Agreement and the Program will not exceed the
total referral fees paid or payable to you under this Agreement.
- More "Fine Print"
We make no express or implied warranties or representations with
respect to the Program or any products sold through the Program
(including, without limitation, warranties of fitness, merchantability,
non-infringement or any implied warranties arising out of a course of
performance, dealing, or trade usage). In addition, we make no
representation that the operation of our site or the links or Tagged
Links will be uninterrupted or error-free, or will not be re-routed or
"black holed." As a result, we might temporarily be unable to capture
information regarding Tagged Links. We will not be liable for the
consequences of any such interruptions or errors. The Program is
intended for commercial use only. YOU ACKNOWLEDGE THAT YOU HAVE READ
THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU
UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT
CUSTOMER REFERRALS OR MAINTAIN AFFILIATES ON TERMS THAT MAY DIFFER FROM
THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR
TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE
DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY
REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS
AGREEMENT.
Notices to you are effective if provided in writing to the postal
addresses, electronically to the e-mail address set forth in the
application or if posted on our website. Notice to us may be given in
writing to IncreaseOnlineProfits.com, 355 South Citrus Avenue,
Los Angeles, CA 90036, Attention Affiliate Marketing Program; or by
e-mail at support@IncreaseOnlineProfits.com. You irrevocably agree to
resolve disputes relating to this Agreement by binding arbitration in
Los Angeles, California, according to the Commercial Arbitration Rules
of the American Arbitration Association, and that such arbitration
shall be governed by the laws of the state of California, without
reference to rules governing choice of laws. The provisions of this
Clause may be enforced by any Court of competent jurisdiction, and the
party seeking enforcement shall be entitled to an award of all costs,
fees and expenses, including attorney's fees, to be paid by the party
against whom enforcement is ordered. class="apple-converted-space"> style="line-height: 115%; font-family: 'Verdana','sans-serif'; color: rgb(51, 51, 51); font-size: 8pt;"> class="apple-style-span"> style="line-height: 115%; font-family: 'Verdana','sans-serif'; color: rgb(51, 51, 51); font-size: 8pt;"> style=""> class="apple-style-span"> style="line-height: 115%; font-family: 'Verdana','sans-serif'; color: black; font-size: 7.5pt;">Youmay not assign this Agreement, by operation of law or otherwise,
without our prior written consent. Subject to that restriction, this
Agreement will be binding on, inure to the benefit of, and enforceable
against the parties and their respective successors and assigns. Our
failure to enforce performance of any provision of this Agreement will
not constitute a waiver of our right to subsequently enforce such
provision or any other provision of this Agreement.